Apple is being sued by China’s second biggest insurance company over claims that it allowed a “counterfeit app” to be sold in the iTunes App Store.
The app in question misleads users into thinking it is the official app of Lufax, the leading provider of wealth and financial assets management in China, and a subsidiary of the Ping insurance group.
Ping is arguing that users in China might download the counterfeit Lufax app instead of the legitimate one, and that the ensuing risk of fraud and potential loss for Lufax’s customers is significant.
A complaint was made to Apple back in August, although the company reportedly failed to respond within 60 days other than to acknowledge receipt of the complaint. Apple then contacted Lufax’s counsel, refusing to remove the counterfeit app, and telling Lufax to instead take their grievance up with the appmaker.
This developer is supposedly behind a number of fake apps in China, which take the name of well-known businesses and add the word “app” to give the impression that they are official.
Apple is being sued by Ping for trademark infringement, unfair business practises, false representation, and unfair competition.
The case has been filed in California Northern District Court, San Francisco the Texas Eastern District Court, although no judge has yet been assigned.
This isn’t the first time Apple has run afoul of companies claiming it is illegally profiting from counterfeit apps. In late 2012, Apple appealed an $84,000 fine from a Chinese court alleging it was making money from sales of a pirated encyclopedia that was sold through the App Store. On that occasion Apple refused to take responsibility for the copyright infringement and argued that it was nothing more than a store operator.
One would think a similar argument will be made here, if a settlement is not agreed upon in the meantime that sees the counterfeit app booted out of the App Store.
Via: Patently Apple
Luke Dormehl is a U.K.-based journalist and author, with a background working in documentary film for Channel 4 and the BBC. He is the author of The Apple Revolution and The Formula: How Algorithms Solve All Our Problems … and Create More, both published by Penguin/Random House. His tech writing has also appeared in Wired, Fast Company, Techmeme and other publications.
10 responses to “Apple sued over counterfeit app claims”
How is this Apple’s fault? There are countless ripoffs of flappy birds, angry birds, and most google apps. Some of them are even better than the original ones. And yet you don’t see the original authors suing Apple. Why is the any different?
That’s funny….a Chinese company suing Apple for allowing a counterfeit app to be sold in iTunes. Now, when I think of the biggest abusers in the world of electronic counterfeiting I think of China. The nerve of this company.
Yeah they should just be ashamed and do nothing, right
You probably still atone for the sins of your ancestors do you?
Edit: Look to the reply to your comment below
Check out my ‘Fake app…’ response to tallest skil below
http://manzanamecanica.org/files/Machine_goes_ping.jpg
Fake app dev makes a counterfeit app, genuine company asks Apple to take it down. Apple ignores for 60+ days. Company sues Apple.
You sure you are going to sue a fake seller if you encounter a fake product in a store & ignore the store, are you?
“Fake app dev makes a counterfeit app, genuine company asks Apple to take it down. Apple ignores for 60+ days. Company sues Apple.”
Three times on the same page. I don’t know, xared, is that really enough? Why not repeat the same thing five more times, just to be sure you got the message across? Just saying.
Umm sorry for the repeats. Had a flaky connection & didn’t get which replies worked so had copied & pasted multiple times. Deleting the extras.
The third party, Apple, prides itself as ‘the’ regulator of all apps iOS. So if you got a sole regulator who refuses to consider a valid request and remove a counterfeit, then yeah the regulator deserves some court time.
Your blind fanboyism is showing through, tallest skil. I may love Apple products, but thats for the products being good, not being Apple. So applies for Apple’s policies too.